Victorian Farmers Federation Industrial Association

[2014] FWCD 8260

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Victorian Farmers Federation Industrial Association
(R2014/169)
MR ENRIGHT	MELBOURNE, 24 NOVEMBER 2014
Alteration of other rules of organisation.

[1] On 24 June 2014 the Victorian Farmers Federation Industrial Association lodged with

the Fair Work Commission a notice and declaration setting out particulars of alterations to the
rules of the Victorian Farmers Federation Industrial Association.

[2] The particulars set out alterations to sub rules 25C.2 and 32.6 of the rules of the Victorian Farmers Federation Industrial Association. The alterations were made for the purpose of remedying errors that had been identified in sub rules 25C.2 and 32.6 during previous rule amendments that were certified on 22 November 2013 – [2013] FWCD 9199 and on 23 February 2014 – [2014] FWCD 1315.

[3] On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[4] In my opinion, the alterations comply with and are not contrary to the Fair Work

(Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise

agreements, and are not otherwise contrary to law. I certify accordingly under subsection

159(1) of the Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Farmers Federation Industrial Association applied to the Fair Work Commission to certify alterations to their rules, specifically sub rules 25C.2 and 32.6, made to correct errors identified in previous amendments. The application was made under section 159 of the Fair Work (Registered Organisations) Act 2009, which allows for the alteration of registered organisation rules. The alterations were intended to rectify issues that arose from the organisation's previous amendments, which were certified on 22 November 2013 and 23 February 2014.

The central legal issue before the court was whether the proposed rule alterations complied with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, relevant modern awards and enterprise agreements, and whether they were otherwise lawful. The court had to ensure that the changes were correctly made according to the organisation’s internal rules and did not conflict with any statutory provisions or agreements.

The court examined the notice and declaration submitted by the association, confirming that the alterations were indeed made in accordance with the organisation's internal rules. It was satisfied that the changes were not contrary to the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, or any applicable modern awards and enterprise agreements, and did not contravene any other legal requirements. Based on this assessment, the court certified the alterations under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission certified the alterations to the rules of the Victorian Farmers Federation Industrial Association, confirming that they were made in accordance with the organisation’s internal rules and did not contravene any statutory provisions or agreements. The court's decision ensured that the corrected rules would be legally valid and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established